Decisões Sumárias nº 696/13 de Tribunal Constitucional (Port, 28 de Novembro de 2013
| Magistrado Responsável | Cons. João Cura Mariano |
| Data da Resolução | 28 de Novembro de 2013 |
| Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 696/2013
Processo n.º 1157/13
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Secção
Relator: Conselheiro João Cura Mariano
DECISÃO SUMÁRIA
Relatório
No âmbito do Processo Comum com intervenção do Tribunal Singular que corre termos no 1.º Juízo do Tribunal Judicial de Pombal com o nº 748/07.9TAMCN foi proferida sentença em 14 de novembro de 2011 que condenou, A., Limitada, e B. pela prática de um crime de abuso de confiança contra a Segurança Social p. e p. no artigo 105.º, nº 1, do RGIT, nas penas de 220 dias de multa, à taxa diária de 10 e 5, respetivamente.
Transitada em julgado esta sentença condenatória e não tendo a sociedade arguida procedido ao pagamento da pena de multa aplicada, o Ministério Público promoveu que se notificassem os arguidos C. e D. para efetuar o pagamento do valor correspondente ao da multa penal em que foi condenada a sociedade arguida.
Foi proferida decisão indeferindo o requerido, com fundamento na inconstitucionalidade do artigo 8.º, n.º 7, do RGIT, quando aplicável a gerente de uma pessoa coletiva que foi igualmente condenado a título pessoal pela prática da mesma infração tributária.
O Ministério Público interpôs recurso desta decisão para o Tribunal Constitucional, ao abrigo da alínea a), do n.º 1, do artigo 70.º, da LTC, requerendo a fiscalização de constitucionalidade da norma cuja aplicação se recusou, com fundamento na sua inconstitucionalidade.
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Fundamentação
A questão colocada neste recurso já foi objeto de análise por este Tribunal, tendo os Acórdãos n.º 1/2013 e 297/13 (acessíveis em www.tribunalconstitucional.pt) julgado inconstitucional a norma constante do artigo 8.º...
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